HF 4629

as introduced - 91st Legislature (2019 - 2020) Posted on 05/15/2020 02:48pm

A bill for an act
relating to state government; proposing a constitutional amendment to the
Minnesota Constitution article V, section 3; declaring an emergency by the
governor; amending Minnesota Statutes 2018, section 12.31, subdivision 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

CONSTITUTIONAL AMENDMENT

Section 1. new text begin CONSTITUTIONAL AMENDMENT PROPOSED.
new text end

new text begin An amendment to the Minnesota Constitution is proposed to the people. If the amendment
is adopted, article V, section 3, will read:
new text end

Sec. 3.

The governor shall communicate by message to each session of the legislature
information touching the state and country. He is commander-in-chief of the military and
naval forces and may call them out to execute the laws, suppress insurrection and repel
invasion. He may require the opinion in writing of the principal officer in each of the
executive departments upon any subject relating to his duties. With the advice and consent
of the senate he may appoint notaries public and other officers provided by law. He may
appoint commissioners to take the acknowledgment of deeds or other instruments in writing
to be used in the state. He shall take care that the laws be faithfully executed. He shall fill
any vacancy that may occur in the offices of secretary of state, auditor, attorney general and
the other state and district offices hereafter created by law until the end of the term for which
the person who had vacated the office was elected or the first Monday in January following
the next general election, whichever is sooner, and until a successor is chosen and qualified. new text begin
The governor may declare an emergency and the emergency declaration may last for seven
days unless an extension is granted by the legislature. The legislature may provide by law
the process for conducting an emergency declaration in a manner authorized by this section.
new text end

Sec. 2. new text begin SUBMISSION TO VOTERS.
new text end

new text begin The proposed amendment must be submitted to the people at the 2020 general election.
If ratified, the amendment is effective January 1, 2021. The question submitted must be:
new text end

new text begin "Shall the Minnesota Constitution be amended to allow the governor to declare an
emergency?
new text end

	new text begin Yes . new text end
	new text begin No . new text end	new text begin " new text end

ARTICLE 2

EMERGENCY DECLARATION ENABLING LEGISLATION

Section 1.

Minnesota Statutes 2018, section 12.31, subdivision 2, is amended to read:

Subd. 2.

Declaration of peacetime emergency.

(a) The governor may declare a
peacetime emergency. A peacetime declaration of emergency may be declared only when
an act of nature, a technological failure or malfunction, a terrorist incident, an industrial
accident, a hazardous materials accident, or a civil disturbance endangers life and property
and local government resources are inadequate to handle the situation. If the peacetime
emergency occurs on Indian lands, the governor or state director of emergency management
shall consult with tribal authorities before the governor makes such a declaration. Nothing
in this section shall be construed to limit the governor's authority to act without such
consultation when the situation calls for prompt and timely action. When the governor
declares a peacetime emergency, the governor must immediately notify the majority and
minority leaders of the senate and the speaker and majority and minority leaders of the
house of representatives. A peacetime emergency must not be continued for more than deleted text begin five deleted text end new text begin
seven new text end days unless new text begin , before it lapses, it is new text end extended by deleted text begin resolution of the Executive Council deleted text end new text begin a
majority vote of each house of the legislature for new text end up to 30 days. new text begin A majority "no" vote from
either house means the emergency declaration ceases when the seven days lapse. If the
legislature is not sitting in session during the declaration of an emergency, the governor
must issue a call immediately convening both houses of the legislature before the seven
days lapse under the emergency declaration. new text end An order, or proclamation declaring, continuing,
or terminating an emergency must be given prompt and general publicity and filed with the
secretary of state.

(b) By majority vote of each house of the legislature, the legislature may terminate a
peacetime emergency extending beyond 30 days. If the governor determines a need to extend
the peacetime emergency declaration beyond deleted text begin 30 days deleted text end new text begin the 30-day extension under paragraph
(a), new text end and the legislature is not sitting in session, the governor must issue a call immediately
convening both houses of the legislature. new text begin A majority "no" vote from either house means the
emergency declaration ceases when the 30-day extension under paragraph (a) ends, unless
the legislature votes to terminate the emergency declaration earlier. new text end Nothing in this section
limits the governor's authority over or command of the National Guard as described in the
Military Code, chapters 190 to 192A, and required by the Minnesota Constitution, article
V, section 3.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2021, if the constitutional
amendment proposed to the people in article 1 is adopted at the 2020 general election.
new text end